LA GRATUIDAD EN LA DONACIÓN

Abstract

The following study aims to inquire about gratuity as a pecularity of the classical roman donation and to discuss an apparent exception of it, remunerative donation. Generally speaking, gratuity means that there is no correlative consideration to the patrimonial attribution, whether is a real consideration or a committed consideration. In the first section, it will be reviewed what Savigny, Biondi, Archi, and Michel have understood for gratuity in donation. In the second section, the question of remunerative donation in which there is an idea of onerousity or consideration will be addressed as they could be an exception to the principle of gratuity in every donation.